Division Bench of Calcutta High Court comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj while dealing with an appeal gave directions to the State government to extend police protection to BJP candidates contesting in the upcoming West Bengal Municipal elections by providing one Armed Police Officer to each candidate subject to payment of costs by the candidates themselves.
Background:
In the present case the 21 BJP candidates who were contesting municipal elections from Contai municipality had approached the Court seeking police protection until completion of the election process and declaration of the result.
The Appeal has been filed against the decision of a Single Bench dated 22nd February, 2022 wherein the Judge had dismissed such a prayer seeking police protection on the ground that there were several discrepancies in the allegations of intimidation and threats levelled by the BJP candidates.Report submitted by SP before the Court on the next date disclosed that out of 21 candidates only seven candidates had threat perception,so only those seven candidates entitled to the police protection. Learned Single Judge has passed the impugned order directing armed police protection to only those 7 candidates and rejected the prayer for the remaining 14 candidates.
Submissions made:
Learned counsel for the appellants submitted that the Superintendent of Police had not assessed the ground situation and threat perception himself but had submitted the vague report.
It was contended that in terms of clause (c) of Regulations 666 of Police Regulations, Bengal, 1943 the appellants are entitled to receive police protection on payment of the cost.
Counsel for the appellants stated that the appellants are ready to pay the cost.
Learned Advocate General appearing for the State agreed for providing one Armed Police Officer on payment of cost on the condition that it will not be used for the purpose of election campaign.
Order of the Court:
Court after taking into consideration the submissions put forward at bar directed that all the appellants will be extended police protection by the respondent State by providing one Armed Police Officer each subject to payment of cost by the appellants in accordance with law.
Certain parameters were stated to be taken into consideration While assessing the cost that the authority concerned should keep in mind that the protection has been extended to for safety of the candidates in the election, therefore, the cost at the minimum to be assessed.
Accordingly, the Bench disposed of the Petition.
Case Title: Shueli Panda Mishra & Ors v. State of West Bengal
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